Article L1423-1 of the French Labour Code
November 8, 2023
The industrial tribunal is divided into autonomous sections. It has a joint summary procedure panel.
The industrial tribunal is divided into autonomous sections. It has a joint summary procedure panel.
Subject to the provisions relating to the management section set out in article L. 1423-1-2, cases are allocated between the sections of the industrial tribunal on the basis of the scope of the collective labour agreement to which the employee party to the dispute is subject and a table of allocation, under conditions defined by decree.
The Management Section is responsible for cases where the employee involved in the dispute falls into the following categories: 1° Engineers as well as employees who, even if they do not exercise command, have equivalent training, whether or not evidenced by a diploma; 2° Employees who, having acquired technical, administrative, legal, commercial or financial training, exercise command by delegation from the employer; 3° Supervisors who have been delegated command in…
A decree sets, for each industrial tribunal, the number of councillors to be appointed per college in the various sections.
The industrial tribunal members meeting in a general meeting, a section meeting or a chamber meeting, under the chairmanship of the oldest member, elect a chairman and a vice-chairman from among their number. At his request and at least once a year, the judge referred to in article L. 1454-2 attends the general meeting of the industrial tribunal.
The chairman of the industrial tribunal is either an employee or an employer. Whichever is elected first is determined by lot. If the chairman is chosen from among the employee councillors, the vice-chairman may only be chosen from among the employer councillors, and vice versa.
Employee councillors elect a chairman or vice-chairman who is an employee. Employers’ industrial tribunal members elect a chairman or vice-chairman who is an employer. Voting by mandate is possible. However, an employee representative may hold only one mandate.
The Chairman and Vice-Chairman are elected for one year. They may be re-elected on the condition that they alternate as provided for in article L. 1423-4. They remain in office until their successors are installed.
The provisions of articles L. 1423-4 and L. 1423-6 are applicable to the presidents and vice-presidents of sections and chambers.
When an industrial tribunal cannot be constituted, the first president of the court of appeal, at the request of the public prosecutor, appoints another industrial tribunal or, failing that, one or more judges within the jurisdiction of the court of appeal to hear the cases entered on the roll of the industrial tribunal or which should subsequently have been referred to this tribunal.
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
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75001, Paris France
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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